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HomeMy WebLinkAboutNotice PLANNER 11/8/2010 . . ~ , RECEIVED AFFIDAVIT OF SERVICE NOV - 8roto STATE OF OREGON) )ss. County of lane ) BY:Il~d2J~ / o-f j f~ I, Karen laFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Spri'1gfield, Oregon. 2. I state that in my capacity as, Pro ra. m T!lChnici.an,.1 p.repared and caused,to b~e mailed copies of I - o(~ . (See attachment nAn) on 119 .2010 addressed to (see Attachment Bn),.by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~flAU A-J~ KA EN LaFLEUR STATE OF OREGON, County of lane '"'f1cJWJ?vbIA- g .2010. Personally appeared the above named Karen laFleur, Program Technician, who acknowledged the foregoing. instrument to be their voluntary act Before me: ~Jf~~ . OFFICIAL SEAL DEVETTE KELLY '. . NOTARYPUBLIC.QREGON COMMISSION NO. 420351 . MY COMMISSION EXPIRES AUG. 15,2011 My Commission Expires: ~/;5 Ilr " I . . NOTICE OF DECISION PROPERTY LINE ADJUSTMENT ~ TYPE I Project Name: Robert & Amy Ridge Property Line Adjustment Project Proposal: Adjust the common property line between two adjoining lots to incorporate part of an existing, jointly-owned tract into the applicant's lot Case Number: TYPIIO-00004 Project Location: 6694 Jacob Lane and portion of vacant, non-addressed tract (Map 17-02-34'11, TL #9700 & 15400) Zoning: Low Density Residential (LOR) Comprehensive Plan Designation: LDR (Metro Plan) Application Submitted Date: Oct. 6, 2010 Decision Issned Date: November 8, 2010 Recommendation: Approval with Conditions Final Property Line Survey Submittal Date: February 6, 20 II Appeal Deadline Date: No Provision for Appeal (SDC 5.1-125.C) Associated Applications: None CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM REVIEW OF Plannin Trans ortation Utilities Sanita & Storm Sewer Fire and Life Safe Buildin NAME Andy Limbird Michael Liebler Matt Stouder Matt Stouder Gilbert Gordon Dave Puent PHONE 726-3784 736-1034 736-1035 736-1035 726-3661 726-3668 APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant/Owner: Surveyor: Robert & Amy Ridge 6694 Jacob Lane Springfield,.OR 97478 Renee Clough, PLS Branch Engineering Inc. 310 Fifth Street Springfield, OR 97477 , . . . DECISION: Preliminary Survey Approval as of the date of this letter. The standards of the Springfield Development Code (SDC) applicable to each criterion of Property Line Adjustment Approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. THE FINAL SURVEY SUBMITTAL MUST CONFORM TO THE SUBMITTED PLANS AS CONDITIONED HEREIN. This is a limited land use decision made'according to City code and state statutes, and there is no provision for appeal pursuant to SDC 5.1-125.C. Please read this document carefully. . OTHER USES AUTHORIZED BY THE DECISION: None. The proposed Property Line Adjustment as Iconditioned is in accordance with SDC 5.16-100. Future development will be in accordance with the provisions :ofthe SDC, filed easements and agreements, and all applicable local, state and federal regulations. ry REVIEW PROCESS: This application is reviewed under Type I procedures listed in SDC 5.1-125 and the property line adjustment criteria of approval, SDC 5,16-125. A complete application was accepted by the Director prior to the review of the request as specified in SDC 5.4-105, Application Submittal, and contained all information required to begin the review process in accordance with SDC 5.16-100. This application was accepted as complete on October 6, 2010. SITE INFORMATION: The Assessor's description of the affected lots is Map 17-02-34-11, Tax Lots 9700 and 15400. The Springfield city limits runs along the northern boundary of Tax Lot 15400, which is a tract that is jointly-owned by the applicant. The applicant's project narrative indicates the purpose of the property line adjustment is to incorporate a portion of the vacant tract into Tax Lot 9700 to simplify the ownership, tax assessment and maintenance responsibilities among the tract co-owners. The proposed property line adjustment incorporates a portion of the vacant tract into Tax Lot 9700 and increases the lot size from 10,800 if to 34,462 if. Correspondingly, the vacant tract (Tax Lot 15400) is reduced in size from 96,210 if to 72,548 if. The net area affected by the proposed property line adjustment is approximately 23,662 square feet (0.54 acres). Because there is no increase to the number of legal lots before or after the proposed property line adjustment, and the adjustment does not reconfigure a subdivision boundary line, the proposal does not constitute a Replat. A property line adjustment may occur within a recorded subdivision in accordance with SDC 5.16-100. CRITERIA OF PROPERTY LINE ADJUSTMENT APPROVAL: SDC 5.16-125 states that the Director shall approve or approve with conditions a Property Line Adjustment application upon determining that criteria A through F of this Section have been satisfied. A. The property line adjustment shall not create a new lot or parcel. Applicant's Submittal: "No new properties are created with this acijustment; two (2) lots exist before and after the acijustment." Finding I: The property line adjustment does not create a new lot or parcel. The proposed property line adjustment is intended to incorporate a portion of a vacant, co-owned tract (Tax Lot 15400, also identified as "Tract A" on the applicant's submittal) into the applicant's lot. There is no net increase or decrease in the number of affected legal lots. Conclusion: This proposal satisfies Criterion A, B. The property line adjustment shall not create a landlocked lot or parcel. Applicant's Submittal: "No landlocked properties are created with this acijustment; both properties will continue to have frontage on Jacob Lane." Findin'g 2: The subject lots have frontage on a public street (Jacob Lane). Legal and physical access to the dwelling on Tax Lot 9700 is afforded by a developed driveway and frontage on the public street. The 2 . . , existing access configuration would not be changed with this proposal. Upon property line adjustment, the remnant portion of Tract A would retain its frontage on Jacob Lane on the west side of Tax Lot 9900. Conclusion: This proposal satisfies Criterion B. C. The property line adjustment shall not reduce an existing lo~ or parcel below the minimum lot size standard or reduce setbacks below the minimum established by the applicable zoning districts in the Code. Applicant's Submittal: "Both properties are zoned LDR: therefore code section 3.2-200 must be consulted to co1ifirm conformance with this criterion. Table 3.2-215 Base Zone Development Standards establishes the following criteria: minimum lot size = 4,500 sq. ft., minimum frontage ~ 45 feet, minimum front yard setback = 10 feet, minimum rear yard setback = 10 feet, minimum interior yard setback = 5 feet and minimum garage front yard setback ~ 18 feet. As can be seen by inspection of the plans included in this submittal, both properties meet these criteria after the adjustment." Finding 3: In accordance with SDC 3.2-215 - and as stated in the applicant's submittal- for dwellings in the Low Density Residential District the minimum front' and rear yard setback is 10 feet; the minimum side yard setback is 5 feet; and the minimum setback to a garage opening facing the street is 18 feet. The minimum size for lots on east-west streets in the LDR District is 4,500 rr (0.10 acres) with at least 45 feet of frontage. Finding 4: The proposed property line adjustment would maintain the existing, conforming front and side yard setbacks for the dwelling on Tax Lot 9700. Finding 5: Currently, the rear yard setback for the existing dwelling on Tax Lot 9700 is approximately 77 feet, which exceeds the minimum requirements of SDC 3.2-215. The proposed property line adjustment would increase the rear yard setback to approximately 346 feet. Finding 6: Currently, Tax Lot 9700 has 80 feet of street frontage on Jacob Lane. The proposed property line adjustment would maintain the 80 feet of street frontage, which exceeds the minimum frontage requirement ofSDC 3.2-215. Finding 7: ' The proposed property line adjustment would increase the size of Tax Lot 9700 to approximately 34,462 rr, which exceeds the minimum lot size requirement ofSDC 3.2-215. Finding 8: The proposed property line adjustment would decrease the size of Tract A from 96,210 rr to 72,548 rr, which exceeds the minimum lot size in the LDR District. The existing Tract A frontage on Jacob Lane would not be affected by the property line adjustment. Additionally, because there are no existing or proposed structures on Tract A, building setbacks are not applicable to this area. Conclusion: This proposal satisfies Criterion C. D. The property 'line adjustment shall not violate any previous conditions the Approval Authority may have imposed on the lots or parcels involved in the application. Applicant's Submittal: "The conditions of approval for Levi Landing, Levi Landing ]"d Addition and Levi Landing ]"d Addition Replat are applicable to this adjustment. None of the conditions of approval in for these subdivisions are violated by this adjustment." , Finding 9: The lots proposed for property line adjustment are subject to Conditions, Covenants and Restrictions (CCRs) and Stormwater Maintenance Provisions for Levi Landing (Document 97-73716 recorded 10/29/1997, and as amended by Document 2000-072060 recorded 12/21/2000 and Document 2001-058001 recorded 9/5/2001), a Conservation Easement recorded in part against Tract A of "Levi 3 . . Landing 2nd Addition Replat of Lots 59, 60, 61, 62, 67 & Tract D" (Document #2001-058002 recorded 9/5/2001), and the conditions ofthe Levi Landing subdivision approval issued 8/9/2000. Upon property line adjustment, the CCRs and conservation easement will remain in force and effect on each of the adjusted lots. Each property owner will be obligated to maintain the conservation easement area on their adjusted lot - including any private stormwater management facilities therein - in accordance with these recorded agreements. To ensure the lot owners are fully aware of their modified ownership and maintenance responsibilities under the provisions of these recorded agreements, staff advises that submittal of a signed acknowledgement will be required with the Final Survey. Finding 10: The proposed property line adjustment does not violate conditions of other prior land use decisions affecting the site. All recorded easements, agreements, covenants and restrictions will remain in effect for the affected lots upon adjustment of the property line. Finding 11: The proposed property line adjustment is predicated on a companion application for property line adjustment affecting Tax Lots 9600 and 15400 (Case TYPllO-00003). Recording of the property line adjustment survey and deed for Tax Lots 9600 and 15400 is a prerequisite for the subject application: otherwise, the proposed property line adjustment would split Tract A into two separate parts, thereby creating an additional parcel. Conditions of Approval: 1. Each lot owner shall comply with the terms and conditions of the following, particularly with respect to stormwater provisions: i) the recorded Conservation Easement (Document 2001- 058002); ii) the Levi Landing CCRs and Stormwater Maintenance Provisions (Document 97- 73716 as twice amended; Document Nos. 2000-072060 and 2001-058001); and iii) the Levi Landing Subdivision Approval issued August 9, 2000. The City will prepare an Acknowledgement document for these terms and conditions for signature by the lot owners. The Acknowledgement shall be signed and notarized by the lot owners and recorded prior to recording the Property Line Adjustment deed. 2. Prior to recording of the Final Survey, the property line adjustment survey and deed prepared for Tax Lots 9600 and 15400 (Case TYPnO-00003) shall be recorded. Conclusion: As conditioned herein, this proposal satisfies Criterion D. E. The property line adjustment shall not detrimentally alter the availability of existing public and/or private utilities to each lot or parcel in the application or to abutting lots or parcels. Applicant's Submittal: "All the surrounding properties are already developed and serviced with public and private utilities. The existing treatment and conveyance facilities existing on Tract A already have an easement and will not be influenced by the adjustment." Finding 12: The proposed property line adjustment does not adversely affect the street frontages of Tax Lot 9700 and 15400 or other locations where existing public and private utility services are provided to the subject lots. Not all underground utilities are shown on the property line adjustment survey, but utility connections should be unaffected by the adjusted property lines. Finding 13: The applicant is proposing a variable-width private access easement along the rear of Tax Lots 9600-9900 to ensure the jointly-owned and maintained private stormwater facility can be accessed by the adjoining property owners. Therefore, provision of - and access to - public and private utilities is not compromised by this proposal. Conclusion: This proposal satisfies Criterion E. 4 . . I F. The property line adjustment shaD not increase the degree of non-conformity of each lot, parcel or structnre that is non-conforming at the time of application. Applicant's Submittal: "No non-conformities will exist after the adjustment." Finding] 4: The dwelling on Tax Lot 9700 is and would remain a conforming structure with this proposal. There' are no existing or proposed structures on Tract A. Therefore, the proposed property line adjustment does not increase any degree of non-conformity for the lots or the existing dwelling. Conclusion: This proposal satisfies Criterion F. CONCLUSION: Considering these findings of fact, staff finds the Property Line Adjustment complies with the criteria of SDC 5.] 6- ]25 and approves the application subject to the conditions listed below. CONDITIONS OF APPROVAL: 1. Each lot owner shall comply with the terms and conditions of the following, particularly with respect to stormwater provisions: i) the recorded Conservation Easement (Document 2001-058002); ii) the Levi Landing CCRs and Stormwater Maintenance Provisions (Document 97-73716 as twice amended; Document Nos. 2000-072060 and 2001-058001); and Hi) the Levi Landing Subdivision Approval issued August 9, 2000. The City will prepare an Acknowledgement document for these terms and conditions for signature by the lot owners. The Acknowledgement shall be signed and notarized by the lot owners and recorded prior to recording the Property Line Adjustment deed. 2. Prior to recording of the Final Survey, the property Iiue adjustment survey and deed prepared for Tax Lots 9600 and 15400 (Case TYPllO-00003) shall be recorded. SDC 5.16-140 - FINAL SURVEY SUBMITTAL, COMPLIANCE WITH CONDITIONS OF APPROVAL AND RECORDATION OF DOCUMENTS A. A Final Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor in accordance with ORS 92.0]0(7)(b), ORS 92.060(3) and ORS 209.250. B. One copy of the Final Survey shall be delivered to the Development Services Department together with any conditioned documents. C. Once the Director and the City Surveyor have certified that all conditions listed under Preliminary Survey approval have been met, the Final Survey may be recorded at the Lane County Surveyor's Office. D. The owners of the lots included in the application shall record with Lane County Deeds and Records Property Line Adjustment deeds, as specified in ORS 92.]90(4). The Property Line Adjustment deeds shall contain the names of the parties, Ihe description of the adjusted line, reference to the original recorded documents, and signatures of all parties with proper acknowledgement. The Property Line Adjustment deeds also shall identifY the Planning file number and shall contain a statement declaring that the purpose of the deeds is for a Property Line Adjustment. Reference to the affected properties by map and tax lot number shall be in addition to reference by legal description. In the case of serial Property Line Adjustments processed under Type II procedure, each Property Line Adjustment deed for the lots or parcels in the series shall be recorded separately, in the sequence of City approval. E. A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any recorded documents that may have been required as a condition of approval. 5 . . <, SDC 5.16-145 - EXPIRATION OF APPROVAL The Property Line Adjustment shall become null and void if: A, The Final Survey and any condition of approval have not been submitted to the City in a complete form within 90 days of the date of Preliminary Approval (i.e. by February 6, 2011); or B. The Final Survey is not submitted to the Lane County Surveyor within 30 days of the City approval; or C The Property Line Adjustment deed or other conditioned documents have not been recorded with Lane County Deeds and Records with the Final Survey. Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Questions: Please ,call Andy Limbird in the Planning Division of the Development Services Department at (541) 726-3784 or email alimbird@cLsoringfield.or.usifyou have any questions regarding this process. Prepared By: (2~0L;-/ loilikd Planner II 6 ~D~ m,If('l~~:J:{Ii'{ti~/~~']:I~~' . . DEVH.OPMENT SERVICES - PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 . Robert and.. Amy Ridge 6694 Jacob Lane Springfield, OR 97478 '. CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, qR 97477 . ....:: Renee Clough, PLS Branch Engineering 310 Fifth Street Springfield, OR 97477 ..... . .. . . '. . ".' .... . b " .-;.